Section 19 of the Benami Act - Powers of Authorities
Section 19 of the Prohibition of Benami Property Transactions Act, 1988 gives the authorities under the Act specified powers similar to those of a civil court. These powers support inquiries and proceedings involving discovery, attendance of persons, production of records, commissions and affidavit evidence.
Updated: 14 September 2026
Current-law note: The operative statute is the Prohibition of Benami Property Transactions Act, 1988, as amended from time to time. The Benami Transactions (Prohibition) Amendment Act, 2016 substantially amended and renamed the 1988 Act. The current consolidated Act should therefore be cited by its present short title.
What does Section 19 provide?
In practical terms, Section 19 equips the statutory authorities with specified procedural powers ordinarily associated with a civil court under the Code of Civil Procedure, 1908. It also makes persons summoned answerable to the authority, treats the relevant proceedings as judicial proceedings, permits requisition of government or police assistance and defines the expression "reporting entity" for this section.
Section 19 - Powers of authorities
(1) The authorities shall, for the purposes of this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:
- discovery and inspection;
- enforcing the attendance of any person, including any official of a banking company or a public financial institution or any other intermediary or reporting entity, and examining him on oath;
- compelling the production of books of account and other documents;
- issuing commissions;
- receiving evidence on affidavits; and
- any other matter which may be prescribed.
(2) All persons summoned under sub-section (1) are bound to attend in person or through authorised agents, as directed by the authority, to state the truth on matters on which they are examined or make statements, and to produce the documents required.
(3) Proceedings under sub-section (1) or sub-section (2) are deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860, as stated in the current consolidated text of the PBPT Act.
(4) For the purposes of the Act, an authority may requisition the service of any police officer or any officer of the Central Government or State Government, or both, to assist it for any purpose specified in sub-section (1). The officer concerned is required to comply with the requisition or direction.
(5) For this section, "reporting entity" means any intermediary, any authority of the Central Government or State Government, or any other person notified for this purpose.
Explanation: For sub-section (5), "intermediary" has the same meaning as in clause (n) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002.
Meaning and scope of the powers under Section 19
1. Discovery and inspection
The authority can require relevant material to be disclosed and can inspect material necessary for proceedings under the Act. This power is linked to the civil-court model referred to in sub-section (1).
2. Attendance and examination on oath
The authority can enforce the attendance of persons, including specified officials of banking companies, public financial institutions, intermediaries and reporting entities. A person may be examined on oath where the statutory power is exercised.
3. Production of books and documents
Books of account and other documents can be required where they are relevant to proceedings under the Act. A summoned person must also produce documents as required by the authority.
4. Commissions and affidavit evidence
Section 19 expressly includes the power to issue commissions and to receive evidence on affidavits. These tools can assist an authority in obtaining and recording evidence in an orderly manner.
5. Judicial nature of the proceedings
Sub-section (3) declares proceedings under sub-sections (1) and (2) to be judicial proceedings for the penal provisions expressly referred to in the PBPT Act. The consolidated India Code text continues to refer to sections 193 and 228 of the Indian Penal Code, 1860. Since the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024 and repealed the IPC subject to its saving provisions, the applicable penal provision should be checked in light of the date and nature of the proceeding and the relevant repeal-and-savings law.
6. Assistance from police and government officers
An authority can requisition the services of police officers and officers of the Central or State Government for purposes connected with the powers in sub-section (1). The section makes compliance with such requisition or direction a statutory duty.
Key takeaway
Section 19 is an evidence-gathering and procedural-enforcement provision. It does not merely permit informal inquiry; it grants identified authorities specific civil-court-type powers and imposes corresponding duties on persons summoned and officers requisitioned for assistance.
Important update on Sections 11 to 17
The current consolidated Prohibition of Benami Property Transactions Act, 1988 records Sections 11 to 17 as omitted with effect from 1 July 2021. For current navigation and research, Sections 18 onward should therefore be preferred over legacy links describing the earlier text of Sections 11 to 17.